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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help injured victims get fair compensation. The process of documenting your losses is vital to receiving full damages. Keep an eye on all medical expenses as well as out-of pocket costs. Economic damages are the cost of your past and future medical expenses and lost wages. It also covers suffering and pain as well as loss of companionship. Statute of Limitations If you've been injured by someone else's negligence or wrongful act, you must file a lawsuit as soon as you can. Statutes of limitation are legal time restrictions which protect parties against unnecessary litigation. They prevent claims from being filed after the deadline. These limitations are different for each state and type of claim and are typically restricted to certain or specific exceptions. In New York, for example when you want to bring a lawsuit against injuries caused by a car accident the statute of limitations are three years. The time limit for civil actions which involve negligence is two years. This includes medical malpractice, product liability, and accidental deaths. A lawyer can help determine the time limit that applies to your particular case and ensure that it is filed on time. A knowledgeable lawyer can examine your case and suggest any possible extensions or waivers of the statute of limitations that apply. It is important to keep in mind that even when the time limit has passed but you might still be able to file other claims for compensation relating to your injuries, such as workers compensation or Social Security disability benefits. It is best to consult an attorney as early as you can regarding your situation, so they can provide you with the various options available. In the majority of cases, your statute of limitations begins to run on the date of the underlying incident which caused your injury. In some instances, like exposure to toxic substances or medical malpractice the time limit is not established until you realize, or reasonably would have known that your injury is caused by a negligent action. This is referred to as the discovery rule. There are also some rare circumstances when the statute of limitations has been “tolled” or suspended, but these situations are highly fact-specific and must be examined by a knowledgeable personal injury lawyer. If you've suffered injury because of someone else's negligent conduct, the attorneys at Littman & Babiarz can help. Contact us today to set up your free consultation. Damages The purpose of a personal injury claim is to obtain financial compensation from the person responsible for your injuries. The legal term used to describe this is “damages.” There are two types of damages: general and special. General damages are intended to compensate you for your losses like medical bills as well as lost wages and discomfort and pain. Special damages could include funeral costs and emotional stress. If your loved one has died due to reckless conduct by another person, you could be able recover wrongful death damage. To hold the responsible party accountable for your injuries the court must establish four elements which are breach, duty, damages and causation. To establish a defendant's duty to be legally bound to act responsibly in the specific situation. Negligence is the inability to fulfill this duty. A breach of this obligation is a direct cause of the injury you sustained. The injury must have caused substantial damage or caused serious harm in order to be eligible for damages. For instance a car crash which resulted in a fractured arm would result in significant medical expenses and possibly a loss of wages. The injury was directly caused due to the defendant's negligence or reckless actions. The wrongful death claim may include funeral and burial costs for your loved one as well as emotional stress you or your family have suffered. Damages that are not financial are more difficult to calculate. Your attorney will employ different methods to determine the value of your pain. Keep a journal of your daily pain level and how your injuries have affected you mentally physical, emotionally, and physically. This will help to support your claim. Many insurance companies undervalue the damages in order to avoid paying higher settlements. In rare instances, your attorney can pursue punitive damages. These are designed to penalize the party who was negligent. These damages can only be granted when a jury or judge finds the defendant's conduct to be outrageous. This type of compensation is usually awarded in cases involving drunk driving accidents, intentional or malicious acts, as well as nursing home abuse. To be eligible for these additional damages the lawyer must prove that the defendant committed the offense in a manner that was ill-intentional, shrewd or fraud, oppression, or with a lack of awareness of the consequences of their actions. Settlements The amount of compensation you receive for your injuries is contingent on how your case will be resolved. If your claim goes to trial, a jury will decide what they will pay you for your losses and injuries. In many cases, the parties will agree to settle out of court. This allows them to avoid the time and expense of a trial. This allows victims to receive their compensation earlier than the time they would have to wait for the trial to be concluded. The settlement for personal injuries will include both economic and other damages. The former includes costs like medical expenses as well as lost wages and property damage. The latter includes aspects like suffering and loss of enjoyment. It can be difficult to determine a dollar amount on these damages, however an experienced lawyer can help you determine the value of your injuries. Typically an insurance company will offer a settlement before your case goes to trial. They will review the evidence you've collected and determine what they think your claim is worth. You may be required to provide an official letter of demand along with the evidence you have provided and a request for a suitable amount of compensation. Winston-Salem injury lawyer You Tube 'll likely receive a counter-offer from the insurer, which is typically less than what you asked for. Your lawyer can negotiate with the insurer to reach a fair settlement for your injuries. If you have a valid claim the settlement will cover your medical expenses and other out-of-pocket expenses associated with your accident. In some instances the settlement may also include compensation for future treatments that your doctor believes you will need as a result of your injury. In some cases, a settlement will include loss of consortium/companionship compensation if your injury led to the loss of a loved one. This type of compensation is typically granted to spouses and children who suffer because of the death of a loved one in an accident caused by another person's negligence. You could also be awarded punitive damages if the defendant is found to be negligent in particular. This kind of compensation is intended to punish the defendant and deter others from engaging in similar reckless actions. Filing an action After a person has spoken with a personal injury lawyer, they should begin to gather documentation of their losses. Documents like medical records, police reports and insurance policies could be included. Include documentation of property damage or income loss in your claim. If the parties are unable to reach an agreement the attorney for the plaintiff may start an action against the defendant. The complaint will provide the claimant's account, explain the defendant's actions and ask for monetary compensation. A summons is also filed and personally served on the defendant, which is a notification that they are being sued. The defendant then has an appropriate amount of time to reply. During this stage, both parties will complete the discovery process, where they investigate the claims and defenses of the other party. It can be a long process and may involve an extensive amount of documentation. A lawyer can assist in prepare for trial by arranging for expert witnesses and obtaining evidence. They can also assist in calculating damages. They can also demand a fair settlement from the insurance company. The insurance company could accept the offer, reject it, or offer a counteroffer. It is crucial to hire an attorney who is familiar with the law in order to protect your rights and maximize the amount of compensation you receive. A good lawyer can go through all the evidence available to confirm that your losses are being compensated. They can also assist you to cut out unnecessary expenses and track the money you're entitled to. If more than one person is liable for the accident, New York law allows each one to be compensated the amount they owe. A skilled lawyer can also assist with workers' compensation claims. Some personal injury cases require the involvement of experts in fields like economics, medicine and engineering. Your lawyer can assist you in locating experts who will be able to provide evidence to help your case. Based on the circumstances of the case, it can be resolved outside of court or in a trial.